Majority
p. 834Mary Kromer, Respondent, v. Gustave W. Hoelzer, Appellant.
Judgment and order denying new trial reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event, on the ground that the charge to the jury did not properly state the law as to the freedom from liability of the defendant in the case of an unavoidable accident. Kelly, P. J., Rich, Jaycox, Manning and Young, JJ., concur.